Wentworth v Graham & 1 Ors

In this matter before the Supreme Court of New South Wales, Ms Wentworth sought to have a judgment delivered on 10 December 2002 withdrawn or amended. The respondents were Graham and another party.

The central legal issue before the Court was whether the judgment of 10 December 2002 had been reached due to a misapprehension of fact or law, and if so, whether such a misapprehension warranted the exceptional step of setting aside or amending the judgment.

The Court concluded that the judgment of 10 December 2002 did not proceed on any misapprehension of law or fact. The Court found that Ms Wentworth's application was an attempt to re-argue points already considered and determined, constituting an abuse of process. The Court was not satisfied that any error existed that would justify the withdrawal or amendment of the original judgment.

Consequently, Ms Wentworth's application to withdraw or amend the judgment of 10 December 2002 was dismissed.